Prerequisites to appointment — Disqualifications

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  1. (a) No person shall be appointed or promoted as a commissioned officer in the National Guard unless he or she shall have passed such examination as to his or her physical, moral, and professional qualifications as may be prescribed by the United States and by this code and the regulations and rules issued thereunder.

  2. (b) No person shall be recognized as a commissioned officer of the National Guard and no appointment as such shall become effective until he or she shall have taken and subscribed an oath of office.

  3. (c) Any person who has been dismissed or dishonorably discharged from the National Guard of this or any other state or from the United States Armed Forces and has not been restored to duty or any commissioned officer who was discharged from the National Guard as a result of the findings of an efficiency examining board or whose resignation from the National Guard was accepted by the Governor at a time when such officer was under arrest or under charges for the commission of an offense punishable by a court-martial shall not be eligible for appointment as a commissioned officer in any force of the National Guard.


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